Law in Transition

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782254129
Total Pages : 392 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Law in Transition by : Ruth Buchanan

Download or read book Law in Transition written by Ruth Buchanan and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law has become the vehicle by which countries in the 'developing world', including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments. The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible. The book is designed for research and teaching at both undergraduate and graduate levels. ENDORSEMENTS An extraordinary collection of essays that illuminate the nature of law in today's fragmented and uneven globalized world, by situating the stakes of law in the intersection between the fields of human rights, development and transitional justice. Unusual for its breadth and the quality of scholarly contributions from many who are top scholars in their fields, this volume is one of the first that attempts to weave the three specialized fields, and succeeds brilliantly. For anyone working in the fields of development studies, human rights or transitional justice, this volume is a wake-up call to abandon their preconceived ideas and frames and aim for a conceptual and programmatic restart. Professor Balakrishnan Rajagopal, Ford International Associate Professor of Law and Development, Massachusetts Institute of Technology This superb collection of essays explores the challenges, possibilities, and limits faced by scholars and practitioners seeking to imagine forms of law that can respond to social transformation. Drawing together cutting-edge work across the three dynamic fields of law and development, transitional justice, and international human rights law, this volume powerfully demonstrates that in light of the changes demanded of legal research, education, and practice in a globalizing world, all law is "law in transition". Anne Orford, Michael D Kirby Chair of International Law and Australian Research Council Future Fellow, University of Melbourne A terrific volume. Leading scholars of human rights, development policy, and transitional justice look back and into the future. What has worked? Where have these projects gone astray or conflicted with one another? Law will only contribute forcefully to justice, development and peaceful, sustainable change if the lessons learned here give rise to a new practical wisdom. We all hope law can do better – the essays collected here begin to show us how. David Kennedy, Manley O Hudson Professor of Law, Director, Institute for Global Law and Policy, Harvard Law School

Human Rights in Transition

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198901933
Total Pages : 257 pages
Book Rating : 4.1/5 (989 download)

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Book Synopsis Human Rights in Transition by : Nehal Bhuta

Download or read book Human Rights in Transition written by Nehal Bhuta and published by Oxford University Press. This book was released on 2024-03-12 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time of intense polarisation about the value of human rights, this edited volume brings together leading scholars in international law and international human rights to reflect upon the present, the recent and distant past, and the future of human rights. Human Rights in Transition combines rich theoretical reflections with practice-informed observations about human rights and their potential futures. The book eschews the polarized and one-sided approach which can too easily dominate either side of the debate. Instead, drawing on deep learning and a range of engagements with human rights institutions, the authors develop a prognosis for contours of human rights law and politics, and its impacts, in the current conjuncture. The book charts new ways to consider human rights in the concrete areas of specific rights such as social and economic rights, institutional settings (the EU and the UN treaty bodies), and agendas, namely feminism and climate change. The results are a very rich set of essays which delve deeply into specific topics in human rights law and practice, and work outwards from a rigorous analysis of the past and present, to an argument about how to think about the future. Sensitive and thought-provoking, this book will fast become a defining volume on questions about the role of human rights in the past, present, and future and will remain valuable to anyone interested in understanding, diagnosing, and ultimately acting to help bring about, the possible futures of human rights.

Judges, Transition, and Human Rights

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Author :
Publisher : OUP Oxford
ISBN 13 : 9780199204939
Total Pages : 0 pages
Book Rating : 4.2/5 (49 download)

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Book Synopsis Judges, Transition, and Human Rights by : John Morison

Download or read book Judges, Transition, and Human Rights written by John Morison and published by OUP Oxford. This book was released on 2007-03-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together leading scholars from a range of disclipines to examine some of the most pressing questions asked of the role of human rights in international relations. The essays focus on the intersection between the role of judges, the language of human rights, and the politics of societies in transition. The international range of the essays covers experiences as diverse as South Africa, the USA, Great Britain, the Balkans, and Northern Ireland.

Comparing Transitions to Democracy. Law and Justice in South America and Europe

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Author :
Publisher : Springer Nature
ISBN 13 : 3030675025
Total Pages : 323 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Comparing Transitions to Democracy. Law and Justice in South America and Europe by : Cristiano Paixão

Download or read book Comparing Transitions to Democracy. Law and Justice in South America and Europe written by Cristiano Paixão and published by Springer Nature. This book was released on 2021-10-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.

Human Rights And Socities In Transition: Causes, Consequences, Responses (unu)

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Author :
Publisher :
ISBN 13 : 9788185040967
Total Pages : 0 pages
Book Rating : 4.0/5 (49 download)

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Book Synopsis Human Rights And Socities In Transition: Causes, Consequences, Responses (unu) by : Shale Horowitz And Albrecht Schnabel

Download or read book Human Rights And Socities In Transition: Causes, Consequences, Responses (unu) written by Shale Horowitz And Albrecht Schnabel and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Human Rights in Times of Transition

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Publisher : Edward Elgar Publishing
ISBN 13 : 1789909899
Total Pages : 288 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Human Rights in Times of Transition by : Kasey McCall-Smith

Download or read book Human Rights in Times of Transition written by Kasey McCall-Smith and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the extent to which national security has affected the intersection between human rights and the exercise of state power. It examines how liberal democracies, long viewed as the proponents and protectors of human rights, have transformed their use of human rights on the global stage, externalizing their own internal agendas.

Transitional Justice

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Publisher : Oxford University Press
ISBN 13 : 9780199728015
Total Pages : 304 pages
Book Rating : 4.7/5 (28 download)

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Book Synopsis Transitional Justice by : Ruti G. Teitel

Download or read book Transitional Justice written by Ruti G. Teitel and published by Oxford University Press. This book was released on 2000-06-29 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.

Current Issues in Transitional Justice

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Publisher : Springer
ISBN 13 : 3319093908
Total Pages : 380 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Current Issues in Transitional Justice by : Natalia Szablewska

Download or read book Current Issues in Transitional Justice written by Natalia Szablewska and published by Springer. This book was released on 2014-10-27 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an inter-disciplinary scholarly resource bringing together contributions from writers, experienced academics and practitioners working in fields such as human rights, humanitarian law, public policy, psychology, cultural and peace studies, and earth jurisprudence. This collection of essays presents the most up to date knowledge and status of the field of transitional justice, and also highlights the emerging debates in this area, which are often overseen and underdeveloped in the literature. The volume provides a wide coverage of the arguments relating to controversial issues emanating from different regions of the world. The book is divided into four parts which groups different aspects of the problems and issues facing transitional justice as a field, and its processes and mechanisms more specifically. Part I concentrates on the traditional means and methods of dealing with past gross abuses of power and political violence. In this section, the authors also expand and often challenge the ways that these processes and mechanisms are conceptualised and introduced. Part II provides a forum for the contributors to share their first hand experiences of how traditional and customary mechanisms of achieving justice can be effectively utilised. Part III includes a collection of essays which challenges existing transitional justice models and provides new lenses to examine the formal and traditional processes and mechanisms. It aims to expose insufficiencies and some of the inherent practical and jurisprudential problems facing the field. Finally, Part IV, looks to the future by examining what remedies can be available today for abuses of rights of the future generations and those who have no standing to claim their rights, such as the environment.

The Politics of Memory

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Publisher : OUP Oxford
ISBN 13 : 019152901X
Total Pages : 440 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Politics of Memory by : Alexandra Barahona De Brito

Download or read book The Politics of Memory written by Alexandra Barahona De Brito and published by OUP Oxford. This book was released on 2001-04-05 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important political and ethical questions faced during a political transition from authoritarian or totalitarian to democratic rule is how to deal with legacies of repression. Indeed, some of the most fundamental questions regarding law, morality and politics are raised at such times, as societies look back to understand how they lost their moral and political compass, failing to contain violence and promote the values of tolerance and peace. The Politics of Memory sheds light on this important aspect of transitional politics, assessing how Portugal, Spain, the countries of Central and Eastern Europe and Germany after reunification, Russia, the Southern Cone of Latin America and Central America, as well as South Africa, have confronted legacies of repression. The book examines the presence - or absence - of three types of official efforts to come to terms with the past: truth commissions, trials and amnesties, and purges. In addition, it looks at unofficial initiatives emerging from within society, usually involving human rights organisations (HROs), churches or political parties. Where relevant, it also examines the 'politics of memory,' whereby societies re-work the past in an effort to come to terms with it, both during the transitions and long after official transitional policies have been implemented or forgotten. The book also assesses the significance of forms of reckoning with the past for a process of democratization or democratic deepening. It also focuses on the role of international actors in such processes, as external players are becoming increasingly influential in shaping national policy where human rights are concerned.

A New Chapter for Human Rights

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Author :
Publisher :
ISBN 13 : 9783898925129
Total Pages : 115 pages
Book Rating : 4.9/5 (251 download)

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Book Synopsis A New Chapter for Human Rights by : Meghna Abraham

Download or read book A New Chapter for Human Rights written by Meghna Abraham and published by . This book was released on 2006 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Human Rights in Transition

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Publisher : Peter Lang Publishing
ISBN 13 : 9780820464596
Total Pages : 0 pages
Book Rating : 4.4/5 (645 download)

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Book Synopsis Human Rights in Transition by : John F. McEldowney

Download or read book Human Rights in Transition written by John F. McEldowney and published by Peter Lang Publishing. This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: John McEldowney: Human Rights in Transition: The Human Rights Act 1998 - Graham Moffat: Charity, Politics and the Human Rights Act 1998: Much Ado about Nothing? - Dallal Stevens: Asylum Law in the UK: New Beginnings or a Flase Dawn? - Samantha Halliday: A comparative analysis of some of the legal parameters of the right to life and the right to privacy in the regulation of abortion - Alan C. Neal: Fundamental Social Rights in the European Union: « Floor of Rights or « Drift to the Bottom? - Rhiannon Talbot: Draconian Powers, Experimentation and Human Rights in British Counter-terrorism Legislation - Jan Schapp: Problems of Universal Validity of Human Rights - Thomas Groβ Immigration and Asylum Law under European Influence - Gunter Heine: Civil Liberties and EUROPOL: Towards a European Police Office Empowered to Operational Matters? - Gunter Weick: Human Rights and Private International Law - Raimund Waltermann: Human Rights and Civil Liberties in European and in German Social Security Law - Martina Schulz: Recovery of Damages for Non-pecuniary Loss - a Consequence of Human Rights in the Law of Torts?

Human Rights and Human Rights Education in the Process of Transition to Democracy

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Publisher :
ISBN 13 :
Total Pages : 156 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis Human Rights and Human Rights Education in the Process of Transition to Democracy by :

Download or read book Human Rights and Human Rights Education in the Process of Transition to Democracy written by and published by . This book was released on 1993 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: East-central Europe - Terence Duffy.

Transitional Justice from State to Civil Society

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Publisher :
ISBN 13 : 9780367230593
Total Pages : 0 pages
Book Rating : 4.2/5 (35 download)

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Book Synopsis Transitional Justice from State to Civil Society by : Sri Lestari Wahyuningroem

Download or read book Transitional Justice from State to Civil Society written by Sri Lestari Wahyuningroem and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to offer an in-depth analysis of transitional justice as an unfinished agenda in Indonesia's democracy. Examining the implementation of transitional justice measures in post-authoritarian Indonesia, this book analyses the factors within the democratic transition that either facilitated or hindered the adoption and implementation of transitional justice measures. Furthermore, it contributes key insights from an extensive examination of 'bottom-up' approaches to transitional justice in Indonesia: through a range of case studies, civil society-led initiatives to truth-seeking and local reconciliation efforts. Based on extensive archival, legal and media research, as well as interviews with key actors in Indonesia's democracy and human rights' institutions, the book provides a significant contribution to current understandings of Indonesia's democracy. Its analysis of the failure of state-centred transitional justice measures, and the role of civil society, also makes an important addition to comparative transitional justice studies. It will be of considerable interest to scholars and activists in the fields of Transitional Justice and Politics, as well as in Asian Studies.

Transitional Justice and the European Convention on Human Rights

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Author :
Publisher :
ISBN 13 : 9782970100348
Total Pages : 49 pages
Book Rating : 4.1/5 (3 download)

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Book Synopsis Transitional Justice and the European Convention on Human Rights by : Fionnuala Ní Aoláin

Download or read book Transitional Justice and the European Convention on Human Rights written by Fionnuala Ní Aoláin and published by . This book was released on 2017 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Gender in Human Rights and Transitional Justice

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Author :
Publisher : Springer
ISBN 13 : 3319542028
Total Pages : 272 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Gender in Human Rights and Transitional Justice by : John Idriss Lahai

Download or read book Gender in Human Rights and Transitional Justice written by John Idriss Lahai and published by Springer. This book was released on 2017-07-12 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume counters one-sided dominant discursive representations of gender in human rights and transitional justice, and women’s place in the transformations of neoliberal human rights, and contributes a more balanced examination of how transitional justice and human rights institutions, and political institutions impact the lives and experiences of women. Using a multidisciplinary approach, the contributors to this volume theorize and historicize the place of women’s rights (and gender), situating it within contemporary country-specific political, legal, socio-cultural and global contexts. Chapters examine the progress and challenges facing women (and women’s groups) in transitioning countries: from Peru to Argentina, from Kenya to Sierra Leone, and from Bosnia to Sri Lanka, in a variety of contexts, attending especially to the relationships between local and global forces

Paraguay

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Author :
Publisher :
ISBN 13 : 9780931723261
Total Pages : 54 pages
Book Rating : 4.7/5 (232 download)

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Book Synopsis Paraguay by :

Download or read book Paraguay written by and published by . This book was released on 1996 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Human Rights, Transitional Justice, and the Reconstruction of Political Order in Latin America

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Author :
Publisher : Springer
ISBN 13 : 3319783939
Total Pages : 244 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Human Rights, Transitional Justice, and the Reconstruction of Political Order in Latin America by : Michelle Frances Carmody

Download or read book Human Rights, Transitional Justice, and the Reconstruction of Political Order in Latin America written by Michelle Frances Carmody and published by Springer. This book was released on 2018-04-27 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Argentina and elsewhere in Latin America, decades after the fall of authoritarian regimes in the 1970s, transitional justice has proven to be anything but transitional—it has become a cornerstone of state policy and a powerful tool of state formation. Contextualizing cultural and political shifts in Argentina after the 1976 military coup with comparisons to other countries in the Southern Cone, Michelle Frances Carmody argues that incorporating human rights practices into official policy became a way for state actors to both build the authority of the state and manage social conflict, a key aim of post-Cold War democracies. By examining the relationship between transitional justice and the Latin American political order, this book illuminates overlooked dimensions of state formation in the age of human rights.